Common use of Transitional Safeguard Measures Clause in Contracts

Transitional Safeguard Measures. Definitions 1. For the purposes of trhtiiscleA: (a) domestic industry means, with respect to an imported good, the producers whole of the like or directly competitive good operating within the territory Party, or those producers whose collective production of the like or dire competitive good constitutes a major proportion of the total domestic produ of that good; (b) transitional safeguard measure means a measure described in paragraphs (Imposition of a Transitional Safeguard )M; easure (c) serious injury mea nssignificant overall impairment in the position of a domestic industry; (d) threat of serious injury means serious injury that, on the basis of facts an merely on allegation, conjecture or remote possibility, is clearly imminent; an (e) tranistion period means, in relation to a particular goo-dy,eatrhepetrhiorede beginning on the date of entry into force of this Agreement, except where tariff elimination for the good occurs over a longer period of time, in which the transition opderishall be the period of the staged tariff elimination for tha good. Imposition of a Transitional Safeguard Measure 2. A developing country Party may apply a transitional safeguard measure describ paragraph 3, during the transition perioadsoanlyre, siuf lt of the staged elimination of a customs duty pursuant to this Agreement: (a) D Q R U L J L Q D W L Q J J R R G R I in such increased quantities, in absolute terms or relative to donm,estic produ and under such conndsi,tioas to cause or threaten to cause serious injury to th domestic industry that produces a like or directly competitive good; or (b) an originating good of two or more Parties, collectively, is being imported int 3 sD teUrr itoWry \in ¶such inecdreaqsuantities, in absolute terms or relative to domestic production, and under such conditions, as to cause or threaten to serious injury to the domestic industry that produces a like or directly compe good, providetdhat the Party applying the transitional safeguard measur demonstrates, with respect to the imports from each such Party against whi transitional safeguard measure is applied, that imports of the originating from each of those Parties haevaeseindc, r in absolute terms or relative to domestic production, since the date of entry into force of this Agreement for Parties. 3. If the conditions in paragraph 2 are met, the Party may, to the extent neces prevent or remedy serious indjufraycialitnate adjustment: (a) suspend the further reduction of any rate of customs duty provided for unde Agreement on the good; or (b) increase the rate of customs duty on the good to a level not to exceed the le (i) (A) in the casoef a WTO Member, the -mfaovsoture-dnation applied rate of customs duty; or

Transitional Safeguard Measures. Definitions 1. For the purposes of trhtiiscleA: (a) domestic industry means, with respect to an imported good, the producers whole of the like or directly competitive good operating within the territory Party, or those producers whose collective production of the like or dire competitive good constitutes a major proportion of the total domestic produ of that good; (b) transitional safeguard measure means a measure described in paragraphs (Imposition of a Transitional Safeguard )M; easure (c) serious injury mea nssignificant meanssignificant overall impairment in the position of a domestic industry; (d) threat of serious injury means serious injury that, on the basis of facts an merely on allegation, conjecture or remote possibility, is clearly imminent; an (e) tranistion period means, in relation to a particular goo-dy,eatrhepetrhiorede beginning on the date of entry into force of this Agreement, except where tariff elimination for the good occurs over a longer period of time, in which the transition opderishall be the period of the staged tariff elimination for tha good. Imposition of a Transitional Safeguard Measure 2. A developing country Party may apply a transitional safeguard measure describ paragraph 3, during the transition perioadsoanlyre, siuf lt of the staged elimination of a customs duty pursuant to this Agreement: (a) D Q R U L J L Q D W L Q J J R R G R I □D□Q□□□R□U□L□J□L□Q□D□W□L□Q□J□□□J□R□R□G□□□R□I□ in such increased quantities, in absolute terms or relative to donm,estic produ and under such conndsi,tioas to cause or threaten to cause serious injury to th domestic industry that produces a like or directly competitive good; or (b) an originating good of two or more Parties, collectively, is being imported int 3 sD teUrr itoWry \in □3□sD□teUrr□itoWry□\in□¶such inecdreaqsuantities, in absolute terms or relative to domestic production, and under such conditions, as to cause or threaten to serious injury to the domestic industry that produces a like or directly compe good, providetdhat the Party applying the transitional safeguard measur demonstrates, with respect to the imports from each such Party against whi transitional safeguard measure is applied, that imports of the originating from each of those Parties haevaeseindc, r in absolute terms or relative to domestic production, since the date of entry into force of this Agreement for Parties. 3. If the conditions in paragraph 2 are met, the Party may, to the extent neces prevent or remedy serious indjufraycialitnate adjustment: (a) suspend the further reduction of any rate of customs duty provided for unde Agreement on the good; or (b) increase the rate of customs duty on the good to a level not to exceed the le (i) (A) in the casoef a WTO Member, the -mfaovsoture-dnation applied rate of customs duty; or